Top 10 Questions to Ask Your Estate Planning Attorney in California

Quick answer: Before signing any estate planning engagement, ask your attorney about fees and billing structure, what documents are included, how to fund a trust, what happens if you become incapacitated, which CA-specific rules apply to your situation, and how often your plan should be reviewed. The right questions save money, prevent court fights, and make sure your plan actually works when your family needs it.

Sitting across from an estate planning attorney for the first time can feel a little like going to a mechanic without knowing anything about cars. You know something needs to get done, but it is hard to evaluate whether you are getting the right work at a fair price. After more than fifteen years helping Ventura County families at Ridley Law, Eric D. Ridley has heard almost every question, and noticed that the families who come in prepared walk out with better plans. These are the questions worth raising before you sign anything or write a check.

1. What Do I Actually Get, and What Does It Cost?

Start here. Estate planning attorneys bill in two main ways: a flat fee for a defined package of documents, or an hourly rate. Each has tradeoffs. A flat fee gives you price certainty upfront; hourly billing may be cheaper for a simple will but can run over budget if your situation turns out to be complicated. Ask what is included in the flat fee and, specifically, what is not. Does it cover a living trust, pour-over will, advance healthcare directive, and financial power of attorney, or just the trust?

Also ask whether trust funding is included. Many attorneys charge separately for retitling your home and accounts into the trust, which is the step that actually makes the trust work. A trust that is never funded is an expensive document that does nothing.

2. Do I Need a Trust, a Will, or Both?

In California, the answer for most homeowners is both. Here is why: California probate is required for estates with more than roughly $208,850 in assets (as of April 1, 2025, per California Probate Code § 13100). If your house alone clears that number, your estate will go through court without a trust. Probate can take twelve to eighteen months and cost 4% of the gross estate value in statutory fees, not net value. A $900,000 home with a $600,000 mortgage still generates fees based on $900,000.

A revocable living trust lets your family skip that process. The pour-over will catches anything you forgot to transfer into the trust. Ask your attorney to explain whether your specific assets and family situation make a trust worth the extra cost upfront.

3. How Do We Actually Fund the Trust?

This is the question most people forget to ask. Funding means transferring your assets into the trust, or naming the trust as beneficiary where appropriate. It typically involves recording a new deed for your home, changing account titles at your bank, and reviewing beneficiary designations on life insurance and retirement accounts.

Retirement accounts like IRAs are generally not retitled into a trust during your lifetime, because doing so triggers immediate taxes. Ask your attorney to walk through each major asset category and explain exactly what needs to happen, who does it, and whether it is included in your fee.

4. What Happens If I Become Incapacitated?

Estate plans are not just about death. If you are in a car accident tomorrow and cannot communicate, who pays your mortgage, manages your investments, and talks to your doctors? Without the right documents, your family may need to go to court for a conservatorship, which is expensive and time-consuming.

A complete California estate plan includes:

• A durable financial power of attorney so a named agent can handle money and property on your behalf
• An advance healthcare directive (combines a healthcare power of attorney and a living will) so a named agent can make medical decisions and providers know your wishes
• A HIPAA authorization so family members can talk to your doctors without jumping through legal hoops

Ask your attorney whether all three are included and how they interact with your trust.

5. Who Should Be My Trustee and Successor Trustee?

While you are alive and capable, you are typically your own trustee. But you need to name at least one successor who takes over if you become incapacitated or die. Many people name a spouse first and an adult child second, which usually works. But consider whether that person can handle conflict with siblings, deal with financial institutions, and file a final tax return. These are not just questions of trust but of competence under pressure.

Ask your attorney about naming a professional or institutional trustee as a backup if you have a blended family, a beneficiary with special needs, or assets likely to cause disagreements.

6. How Does Community Property Affect This?

California is a community property state. Most assets acquired during a marriage belong equally to both spouses, regardless of whose name is on the account. This affects how assets are characterized, taxed at death, and distributed. It also means that the surviving spouse generally retains their half of community property no matter what the will says, absent a valid prenuptial or postnuptial agreement.

Ask your attorney to identify which of your assets are community property and which are separate property, and how the trust should hold title to each. Getting this wrong can cost your heirs a significant tax benefit called the stepped-up basis, which can eliminate capital gains on appreciated assets when they are inherited.

7. What Are the Tax Considerations for My Estate?

California has no state estate tax. The federal estate tax exemption is $13.99 million per person in 2025, rising to $15 million in 2026 under recent federal legislation. Most Ventura County families will not owe federal estate tax under current law. That said, income tax planning still matters, particularly around the stepped-up basis for appreciated assets and how retirement accounts are inherited.

If your estate is above or approaching the federal threshold, ask specifically about strategies like irrevocable life insurance trusts, spousal lifetime access trusts, or annual gifting programs.

8. Who Actually Drafts the Documents?

In some firms, a senior attorney does the consultation and a paralegal or junior associate drafts everything. There is nothing wrong with that model if you know about it upfront. Ask whether the attorney you are meeting with will personally review your documents before they are signed, and who your main point of contact will be for questions after the engagement ends.

9. When and How Should I Update My Plan?

An estate plan is not a one-time event. Major life changes that should prompt a review include:

• Marriage, divorce, or remarriage
• Birth or adoption of a child or grandchild
• Death of a named trustee, executor, or beneficiary
• A significant change in assets, including buying or selling a home
• Moving to or from California, since community property rules do not apply in most other states
• Changes in federal or state tax law

Ask your attorney how often they recommend a review and whether they offer any kind of ongoing maintenance service or fee for amendments.

10. Are There Any California-Specific Issues I Should Know About?

California law has a few quirks that matter for estate planning. Proposition 19, which took effect in February 2021, significantly changed the rules for transferring real property to children without reassessment. Under current law, children who inherit a primary residence must use it as their own primary residence to receive any tax benefit, and even then the reassessment exclusion is capped. If you were counting on passing down a vacation home or rental property without a property tax hit, that plan may need to change.

Ask your attorney to walk through how Proposition 19 affects your specific property holdings. For homeowners with highly appreciated real estate, this is often the most consequential planning issue on the table. The estate planning decisions you make around real property now can significantly affect what your heirs actually receive.

Ready to Talk to an Estate Planning Attorney in Ventura County?

Eric D. Ridley has been helping California families build estate plans since 2010. Ridley Law offers a free initial strategy session where you can ask all of these questions before any commitment. Call (805) 244-5291 or visit the contact page to schedule. You can also learn more about the firm’s approach on the living trust attorney page.

Frequently Asked Questions

Does California have its own estate tax?

No. California does not impose a state estate tax. Federal estate tax applies to estates above the federal exemption, which is $13.99 million per person in 2025. Most California families will not owe federal estate tax, but it is worth confirming with an attorney if your estate includes significant real estate, retirement assets, or a business interest.

What is the probate threshold in California right now?

As of April 1, 2025, formal probate is generally required for estates with gross assets exceeding $208,850. This threshold is adjusted every three years under California Probate Code. Importantly, the limit is based on gross value, not net, so a home with a large mortgage can still trigger probate.

Can I do estate planning without a living trust in California?

You can, but a will alone does not avoid probate. If your estate includes real estate or other assets above the probate threshold, your family will likely need to go through court. A revocable living trust, when properly funded, avoids that process. The right answer depends on what you own and your specific goals.

How often should I update my estate plan in California?

A good rule of thumb is to review your plan every three to five years or after any major life event, such as a marriage, divorce, death of a named trustee, or significant change in assets. California-specific rules, like the Proposition 19 property tax changes, can also affect your plan even if nothing in your personal life has changed.